By: Patrick R. Norris* When a new couple comes to visit me to set up the base of their first estate plan, one of the common questions that I often receive is: “can the government really inherit [or take] my property if I don’t have a Will?”. This is a question that always make me smile because while the technical answer is “yes”, a much more practical answer is “highly doubtful”. You see when someone does not have a Will, the laws of their State essentially make a Will for them. State statutes place your relatives in an orderly line for inheriting your estate. So long as they are living, the first person in line receives your property when it comes time to inherit. If they are not living, the next person in line just steps up to inherit. If you do have a [valid] Will, the State Statutes are “trumped” and your Will (not State Law) dictates who inherits your Estate. This is one of the many important reasons...
By: Patrick R. Norris* When a new couple comes to visit me to set up the base of their first estate plan, one of the common questions that I often receive is: “can the government really inherit [or take] my property if I don’t have a Will?”. This is a question that always make me smile because while the technical answer is “yes”, a much more practical answer is “highly doubtful”. You see when someone does not have a Will, the laws of their State essentially make a Will for them. State statutes place your relatives in an orderly line for inheriting your estate. So long as they are living, the first person in line receives your property when it comes time to inherit. If they are not living, the next person in line just steps up to inherit. If you do have a [valid] Will, the State Statutes are “trumped” and your Will (not State Law) dictates who inherits your Estate. This is one of the many important reasons...